George Simons
June 05, 2020
Summary: Live in Minnesota and need help responding to a debt collection lawsuit? SoloSuit guides Minnesota residents through the process, step-by-step. Also, isn't that such a cute dog?
Minnesota is a unique state when it comes to debt collection litigation. What makes it unique? Well, a lawsuit can be initiated simply by a debt collector serving a summons and complaint form on a defendant. There is no legal requirement for a debt collector to file any type of formal document in a district court before serving someone with a lawsuit. This means when you are served with the Summons and Complaint, there is a good chance you will not see an actual case number. In fact, a court will not have any record of the debt collector's lawsuit unless and until the debt collector files a copy of the lawsuit and pays the filing fee.
If you have been served with a Summons and Complaint for an alleged debt in Minnesota, do not give up hope or assume that the allegations contained within the Complaint are accurate. It is important to remember that you have legal rights, including the right to contest the allegations in the Complaint. SoloSuit can help. We have compiled important information to help simplify debt collection lawsuits so you know what to expect.
Below, you will find helpful information on what needs to be done to properly respond to a Summons and Complaint for debt collection in Minnesota. The information in this guide is tailored to debt collection lawsuits in Minnesota.
(What are the biggest debt collection companies in the United States? Find out here.)
20 days - You only have 20 days (less than three weeks) to file an Answer with the court after you are served the Summons and Complaint. If you fail to file an Answer within 20 days, you are essentially raising the white flag of defeat and the court will likely enter an adverse judgment against you. Once the debt collector has that judgment, they are then empowered to garnish your wages and your bank account.
If you are served with a summons and complaint form in Minnesota, it is important to thoroughly examine both documents and anything else included with the service of process. Why? Because there are instances where a debt collection company will include discovery requests with the Summons and Complaint. As a result, you need to provide an Answer to the Complaint and respond to the discovery requests. The term “discovery request” is a legal term that basically means a request for an answer to a specific question or for a particular document be produced.
It is extremely important to respond to the discovery requests. If you file an Answer to the Complaint, but fail to respond to the discovery requests, the lack of a response could irrevocably harm the viability of your defense. For example, if the debt collection company sends you a set of “Requests for Admission” and you fail to respond within 30 days, those requests are considered to be “admitted” under the Minnesota Rules of Civil Procedure. In effect, you would be admitting to the debt collection company's version of events. This is why it is important to timely respond to the discovery requests. You need to make sure your side of the story is told and the court gets a chance to examine both sides.
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You can use SoloSuit to respond to a debt collection Summons in Minnesota. Nevertheless, if you want to do it on your own, you can use this form from the courts:
Answer Form - This is Minnesota's general answer form for civil lawsuits such as debt collection cases. Use it to respond to a debt collection Summons and Complaint.
(How long does it take for a debt collector to respond to a debt validation letter? Get the answer here.)
Pursuant to Minnesota debt collection laws, there is a fee associated with filing your Answer and the Affidavit of Service. The amount of the filing fee depends on the county in which you reside. Though, in the majority of counties in Minnesota, the filing fee for an Answer to a Complaint is $75. It is also important to note that if you are unable to pay the filing fee, you have the option to request a fee waiver. To secure a fee waiver, you need to fill out an application form and submit a copy to the court for consideration.
When you are sued by a debt collector, it is extremely important to be proactive and get to work formulating a response. Ignoring the Summons and Complaint is not recommended since it just means the Plaintiff will receive a default judgment against you. If that happens, the debt collection company will be empowered to garnish your wages and take other legal actions against you.
SoloSuit makes it easy to respond the right way.
While drafting your Answer to a Complaint, you need to make sure your Answer is formatted in a similar manner to the Complaint itself. To make the process easier, there is a fillable form you can use as a template. In either instance, make sure to complete the caption at the top of the document. This is where the name of the county and judicial district need to be listed. Your name and the name of the plaintiff should appear at the top as well.
SoloSuit helps you gather the information you need.
You need to make sure your Answer responds to each allegation contained within the Complaint. Each paragraph in your Answer should correspond with each numbered paragraph contained within the Complaint. In most instances, there are three responses you can provide to each allegation the Complaint:
SoloSuit helps you respond appropriately.
There are certain affirmative defenses you can raise to challenge the validity or viability of the debt collector's lawsuit. Here are some examples:
SoloSuit helps you bring up all of the defenses that apply.
Once you have completed your Answer, serve one copy to the debt collection company. Make sure you fill out a sworn statement (i.e. affidavit of service) to substantiate when you served the Answer. You should have a second copy of the Answer ready for when the debt collection company formally files suit with a court.
SoloSuit files the Answer for you.
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
In Minnesota, there is a statutory limitation placed on the amount of time in which someone can attempt to collect on an alleged outstanding debt. This time limit is known as the Minnesota debt collection “statute of limitations.” If a debt collection company attempts to collect an old debt from you that falls outside the applicable statute of limitations, you may be able to get the lawsuit thrown out of court.
Under Minnesota law, the statute of limitations to file a lawsuit for money owed due to a breach of contract is six years. This means that a creditor or debt collection company can only file a lawsuit against you within six years from the date of your last purchase or last payment, whichever was later. If, on the other hand, a debt collector waits too long and attempts to file a lawsuit after six years and six months have elapsed, you can raise the statute of limitations as an affirmative defense and have the case thrown out of court.
Missouri Statute of Limitations |
|
Debt Type |
Deadline in Years |
Oral |
6 |
Written |
6 |
Mortgage |
6 |
Open |
6 |
Credit Card |
6 |
Judgment |
10 |
Source: Findlaw |
If you need help defending yourself in a debt collection lawsuit in Delaware, there are organizations offering assistance at little-to-no-cost to Delaware residents. These organizations include:
Mid-Minnesota Legal Aid
111 North Fifth Street
Suite 100
Minneapolis, MN 55403
Legal Services Advocacy Project
2324 University Avenue West
Suite 101
Midtown Commons
St. Paul, MN 55114
SoloSuit helps you make the right defense the right way.
If you need assistance on how to best respond to a debt collection lawsuit, consider utilizing SoloSuit. What is SoloSuit? Take a moment to review these FAQs to learn more.
(How to stop receiving calls from Covington Credit)
There are ten judicial districts in Minnesota. Each district contains multiple trial courts comprising one or more of Minnesota's 87 different counties. The district courts are categorized as follows:
In summation, here is what you need to do in order to properly respond to a Summons and Complaint for debt collection in Minnesota.
Deadline: 20 days to file an Answer.
Remember these tips:
Best of Luck!
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Here's a list of guides for other states.
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